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GADDIS v. STATE

No. 85-1665.

493 So.2d 90 (1986)

Kenneth Knox GADDIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 4, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a guideline sentence. The sentencing judge departed upwards four cells from the recommended guideline sentence for the following reasons:

(1) Defendant violated his probation. The violation was that he committed a new crime, a battery, while on probation. (2) Defendant violated probation. Defendant was twice previously and once subsequently convicted of possession...

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